Dear Rkn,
The amended Act is yet to come into force.
Our views, till then have to be based on present law.
You are free to hold your views and express.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
619The amended Act is yet to come into force.
Our views, till then have to be based on present law.
You are free to hold your views and express.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
I express my thanks to all who put forth his/her views.
I will clarify here that the establishment of PE is a factory having its own Certified IE standing orders.
My query was that if contractor deploy more than 50 workmen in the establishment of PE does provisions of Model IE Standing Orders will be applicable with regard to age of superannuation of contact labour.
While inviting tenders/contact bids PE has mentioned that labourers deployed by the contractor should be physically & mentally fit and should be in the age group of 18 to 60 years.
Regards,
Trapti Sachan
From India, Calcutta
I will clarify here that the establishment of PE is a factory having its own Certified IE standing orders.
My query was that if contractor deploy more than 50 workmen in the establishment of PE does provisions of Model IE Standing Orders will be applicable with regard to age of superannuation of contact labour.
While inviting tenders/contact bids PE has mentioned that labourers deployed by the contractor should be physically & mentally fit and should be in the age group of 18 to 60 years.
Regards,
Trapti Sachan
From India, Calcutta
I am very sorry to differ. Usually I don't read other answers.
But I wish to clear the issue what is going on practice at
ground level facts..
Industrial standing orders act is an old phenomenon.
It never stops PRINCIPAL EMPLOYER'S LIABILITY ON THE WELFARE OF WORKERS EVEN CONTRACT LABOUR WHO IS HAVING BELOW 50 OR ABOVE FIFTY. THESE NUMBER GAMES Applicable for online payment of licence registration and at the time of renewals only.
If any accident occurs in a factory where a contract labour injures or dies unfortunately the PE never escapes his liability to pay compensation under EC(wc) Act. Like this all acts of law of the land applicable on a factory that is having regular or contract labour with license or not necesssry license.. Under all labour acts applies there and Preferably principal Employer's liability on the safety and welfare of workers working in the premises of the company or workers engaged by the company for outside works like marketing and transport.
The Principal Employer never escapes his liability as the owner of the company. When the company is his ownership all that working force is also his people.
Recently one Ammonia gas leakage happened in a company where two affected UNFORTUNATELY one C. L died one C. L injured..
That are working under a contractor no not necessary license. That factory has standing Industrial orders applicability.. BUT THE LABOUR DEPT ISSUED NOTICES ,
The PE attended the court and paid compensation through his contractor IPC CASE IS ALREADY REGISTERED BY POLICE THE CASE RUNNING ..
SO I THINK I HAVE CLEARED YOUR DOUBTS.
THE P. E NEVER ESCAPES HIS LIABILITY BY SHOWING INDUSTRIAL STANDING ORDERS DOCUMENT. NO DOUBT IT IS USEFUL FOR RECRUITMENTS DISCIPLINARY ACTIONS SALARY HIKES PROMOTIONS. UNION ELECTIONS DISPUTES SETTLEMENTS.. And timetable plan of action for day to day running of that factory it is useful like a manifesto.
BUT NOT FOR EVADING SAFETY AND SECURITY OF HIS COMPANY WORKERS IN ANYWAY.
I wish to add one example few yrs back happened. One factory Employer engaged two outside workers to cut over grown trees 🌲🌳🌴in his factory. Unfortunately one injured and later died. The labourdept involved.. The PE paid compensation 05lacs to the bereaved family. The employer purely personally engaged for a day's work. The employer's liability on safety welfare remains unaffected irrespective of applicability under different act.
THANK YOU PLS 🙏
From India, Nellore
But I wish to clear the issue what is going on practice at
ground level facts..
Industrial standing orders act is an old phenomenon.
It never stops PRINCIPAL EMPLOYER'S LIABILITY ON THE WELFARE OF WORKERS EVEN CONTRACT LABOUR WHO IS HAVING BELOW 50 OR ABOVE FIFTY. THESE NUMBER GAMES Applicable for online payment of licence registration and at the time of renewals only.
If any accident occurs in a factory where a contract labour injures or dies unfortunately the PE never escapes his liability to pay compensation under EC(wc) Act. Like this all acts of law of the land applicable on a factory that is having regular or contract labour with license or not necesssry license.. Under all labour acts applies there and Preferably principal Employer's liability on the safety and welfare of workers working in the premises of the company or workers engaged by the company for outside works like marketing and transport.
The Principal Employer never escapes his liability as the owner of the company. When the company is his ownership all that working force is also his people.
Recently one Ammonia gas leakage happened in a company where two affected UNFORTUNATELY one C. L died one C. L injured..
That are working under a contractor no not necessary license. That factory has standing Industrial orders applicability.. BUT THE LABOUR DEPT ISSUED NOTICES ,
The PE attended the court and paid compensation through his contractor IPC CASE IS ALREADY REGISTERED BY POLICE THE CASE RUNNING ..
SO I THINK I HAVE CLEARED YOUR DOUBTS.
THE P. E NEVER ESCAPES HIS LIABILITY BY SHOWING INDUSTRIAL STANDING ORDERS DOCUMENT. NO DOUBT IT IS USEFUL FOR RECRUITMENTS DISCIPLINARY ACTIONS SALARY HIKES PROMOTIONS. UNION ELECTIONS DISPUTES SETTLEMENTS.. And timetable plan of action for day to day running of that factory it is useful like a manifesto.
BUT NOT FOR EVADING SAFETY AND SECURITY OF HIS COMPANY WORKERS IN ANYWAY.
I wish to add one example few yrs back happened. One factory Employer engaged two outside workers to cut over grown trees 🌲🌳🌴in his factory. Unfortunately one injured and later died. The labourdept involved.. The PE paid compensation 05lacs to the bereaved family. The employer purely personally engaged for a day's work. The employer's liability on safety welfare remains unaffected irrespective of applicability under different act.
THANK YOU PLS 🙏
From India, Nellore
What you have pointed out is correct Mr.Vinayak. I misunderstood the question to be that of application of the PE's CSO to the contract labor engaged by him.
Some times hasty presumptions like this lead to inappropriate response and make the issues diverted. Any way, thank you for your correction.
From India, Salem
Some times hasty presumptions like this lead to inappropriate response and make the issues diverted. Any way, thank you for your correction.
From India, Salem
Dear Nagarkar,
I am only answering your second post addressed to me.
Rashtrapathi gave his assent to Labour Codes and the same were published in the
Official Gazette on 29th Sept 20. Therefore, it is clear that the Union Government want to
implement these codes in 2020 itself. After framing rules, Central Government will notify the date
(expected before 31st Dec) from which these Codes are to be enforceable.
From India, Aizawl
I am only answering your second post addressed to me.
Rashtrapathi gave his assent to Labour Codes and the same were published in the
Official Gazette on 29th Sept 20. Therefore, it is clear that the Union Government want to
implement these codes in 2020 itself. After framing rules, Central Government will notify the date
(expected before 31st Dec) from which these Codes are to be enforceable.
From India, Aizawl
Dear Umkantji and Mr Nagrkar
Thanks for sharing knowledge.
Till now we have been practicing the same. Company's certified SO is applicable to company's employees.
Contract workers working for your establishment - to be considered as separate establishment and if cross threshold limit for applicability of Industrial Standing Order Act- either Model SO or Certified SO is applicable to the respective contractor.
Most importantly this issue arises when the contractors' workers are to undergo inquiry/impose punishment.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
Thanks for sharing knowledge.
Till now we have been practicing the same. Company's certified SO is applicable to company's employees.
Contract workers working for your establishment - to be considered as separate establishment and if cross threshold limit for applicability of Industrial Standing Order Act- either Model SO or Certified SO is applicable to the respective contractor.
Most importantly this issue arises when the contractors' workers are to undergo inquiry/impose punishment.
Regards
Shailesh Parikh
99 98 97 10 65
From India, Mumbai
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Industrial Employment Standing Oder Act.doc